ABSTRACT

Article 123 of UNCLOS goes on to place a strong obligation on the coastal states adjacent to a semi-enclosed sea to cooperate in resource management, protection of the marine environment and marine scientific research. While these are mentioned as specific areas for cooperation, the opening sentence of Article 123 provides a more general obligation to cooperate that “States bordering an enclosed or semi-enclosed sea should cooperate with each other in the exercise of their rights and in the performance of their duties under this Convention”. The Council for Security Cooperation in the Asia Pacific (CSCAP) in its Memorandum No. 13 suggests that this responsibility might also be interpreted broadly to include security and safety, including the maintenance of law and order at sea.3